West Bengal

Howrah

CC/14/481

SMT MANJU HATI - Complainant(s)

Versus

The Manager, Club7 Holidays Limited. - Opp.Party(s)

18 Nov 2014

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM HOWRAH
20, Round Tank Lane, Howrah 711 101.
Office (033) 2638 0892, Confonet (033) 2638 0512 Fax (033) 2638 0892
 
Complaint Case No. CC/14/481
 
1. SMT MANJU HATI
W/O Sri Sisir Kr. Hati, 29/8/1/3 Narasingha Dutta Road, P.S. Bantra Dist Howrah 711 101
2. Sri Sisir Kumar Hati
S/O late Biswanath Hati, 29/8/1/3 Narasingha Dutta Road, P.S. Bantra Dist Howrah 711 101
...........Complainant(s)
Versus
1. The Manager, Club7 Holidays Limited.
10, Lansdowne Terrace, Kolkata 700 026
2. The Director, Club7 Holidays Limited.
10, Lansdowne Terrace, Kolkata 700 026
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE T.K. Bhattacharya PRESIDENT
 HON'BLE MR. P.K. Chatterjee MEMBER
 HON'BLE MRS. Smt. Jhumki Saha MEMBER
 
For the Complainant:
For the Opp. Party:
ORDER

The Ld. Agent of the O.P. is present. Complainant is absent on call.

To day is fixed for hearing of petition regarding maintainability of the instant case i.r.o territorial jurisdiction.

The argument heard at a length on exparte.

As the principal office of the O.P. is situated at Kolkata – 700026 and that it has no branch office functioning at Howrah jurisdiction. Therefore in the case Indian Airlines Corporation VS Consumer Education Research Society 1992 (1) CPR4 (NC) this Forum has no jurisdiction and the suit will lie only in the court within the local limits of whose jurisdiction the sole or principal office is situated except in cases where cause of action has arisen where organization has a branch office which is within the ambit of section 11 (C ) of the C.P. Act.

Accordingly the complainant may be advised to file the compliant before the appropriate Forum having proper territorial jurisdiction.

 

DICTATED  &    CORRECTED BY   ME.  

 

                                                                   

  (   P. K. Chatterjee )                                                         

  Member,  C.D.R.F., Howrah.

 
 
[HON'BLE MR. JUSTICE T.K. Bhattacharya]
PRESIDENT
 
[HON'BLE MR. P.K. Chatterjee]
MEMBER
 
[HON'BLE MRS. Smt. Jhumki Saha]
MEMBER

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